Attorney General Hilgers Announces Victory in Nebraska-Led Challenge to Federal Minimum Wage for Contractors – KCSR/KBPY

Nebraska Attorney General Mike Hilgers announced a victory in the federal appeals court this morning Nebraska vs. Su. The case, which Nebraska brought with Idaho, Indiana and South Carolina, challenges the legality of the federal minimum wage for contractors. This policy affects employers who employ one-fifth of the U.S. workforce. A panel of the U.S. Court of Appeals for the Ninth Circuit agreed with Nebraska's arguments and concluded that the Biden administration acted unlawfully and exceeded its legal authority.

“Our victory is a victory for the separation of powers and the Constitution. Representatives in Congress set a minimum wage. Nothing allows the president to override this and invent his own minimum wage for federal contractors. We will continue to combat this administration’s unlawful conduct,” said Attorney General Mike Hilgers.

Shortly before the start of his term, President Biden introduced a nationwide minimum wage of $15 for federal contractors. The directive relied on the same authority the Biden administration used to impose a COVID-19 vaccination requirement on a federal contractor. Nebraska vs. Su is the first federal appeals court case to invalidate the federal minimum wage for contractors.

Opinion from the Ninth Circuit attached